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Limitation Act 1980

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Limitation Act 1980 Limitation Act 1980 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I ORDINARY TIME LIMITS FOR DIFFERENT CLASSES OF ACTION Time limits under Part I subject to extension or exclusion under Part II Section 1. Time limits under Part I subject to extension or exclusion under Part II. Actions founded on tort 2. Time limit for actions founded on tort. 3. Time limit in case of successive conversions and extinction of title of owner of converted goods. 4. Special time limit in case of theft. Actions founded on simple contract 5. Time limit for actions founded on simple contract. 6. Special time limit for actions in respect of certain loans. 7. Time limit for actions to enforce certain awards. General rule for actions on a specialty 8. Time limit for actions on a specialty. Actions for sums recoverable by statute 9. Time limit for actions for sums recoverable by statute. 10. Special time limit for claiming contribution. A ii c.58 Limitation Act 1980 Section Actions in respect of wrongs causing personal injuries or death 11. Special time limit for actions in respect of personal injuries. 12. Special time limit for actions under Fatal Accidents legislation. 13. Operation of time limit under section 12 in relation to different dependants. 14. Definition of date of knowledge for purposes of sections 11 and 12. Actions to recover land and rent 15. Time limit for actions to recover land. 16. Time limit for redemption actions. 17. Extinction of title to land after expiration of time limit. 18. Settled land and land held on trust. 19. Time limit for actions to recover rent. Actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land 20. Time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land. Actions in respect of trust property or the personal estate of deceased persons 21. Time limit for actions in respect of trust property. 22. Time limit for actions claiming personal estate of a deceased person. Actions for an account 23. Time. limit in respect of actions for an account. Miscellaneous and supplemental 24. Time limit for actions to enforce judgments. 25. Time limit for actions to enforce advowsons and extinction of title to advowsons. 26.. Administration to date back to death. 27. Cure of defective disentailing assurance. PART II EXTENSION OR EXCLUSION OF ORDINARY TIME LIMITS Disability 28 Extension of limitation period in case of disability. Limitation Act 1980 c. 58 Ill Acknowledgment and part payment Section 29. Fresh accrual of action on acknowledgment or part pay- ment. 30. Formal provisions as to acknowledgments and part pay- ments. 31. Effect of acknowledgment or part payment on persons other than the maker or recipient. Fraud, concealment and mistake 32. Postponement of limitation period in case of fraud, conceal- ment or mistake. Discretionary exclusion of time limit for actions in respect of personal injuries or death 33. Discretionary exclusion of time limit for actions in respect of personal injuries or death. PART III MISCELLANEOUS AND GENERAL 34. Application of Act and other limitation enactments to arbitrations. 35. New claims in pending actions: rules of court. 36. Equitable jurisdiction and remedies. 37. Application to the Crown and the Duke of Cornwall. 38. Interpretation. 39. Saving for other limitation enactments. 40. Transitional provisions, amendments and repeals. 41. Short title, commencement and extent. SCHEDULES : Schedule 1-Provisions with respect to actions to recover land. Schedule 2-Transitional provisions. Schedule 3-Consequential amendments. Schedule 4-Enactments repealed. c. 58 1 ELIZABETH II Limitation Act 1980 1980 CHAPTER 58 An Act to consolidate the Limitation Acts 1939 to 1980. [13th November 1980] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I ORDINARY TIME LIMITS FOR DIFFERENT CLASSES OF ACTION Time limits under Part I subject to extension or exclusion under Part II 1.-(1) This Part of this Act gives the ordinary time limits Time limits for bringing actions of the various classes mentioned in the under Part I subject to following provisions of this Part. extension or exclusion (2) The ordinary time limits given in this Part of this Act under Part II. are subject to extension or exclusion in accordance with the provisions of Part II of this Act. Actions founded on tort 2. An action founded on tort shall not be brought after the Time limit for expiration of six years from the date on which the cause of action actions foun- ded on tort. accrued. A2 2 c. 58 Limitation Act 1980 PART I 3.-(1) Where any cause of action in respect of the conversion Time limit of a chattel has accrued to any person and, before he recovers in case of possession of the chattel, a further conversion takes place, no successive action shall be brought in respect of the further conversion after conversions and the expiration of six years from the accrual of the cause of extinction action in respect of the original conversion. of title of owner of (2) Where any such cause of action has accrued to any person converted and the period prescribed for bringing that action has expired goods. and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished. Special time 4.-(1) The right of any person from whom a chattel is stolen limit in case of to bring an action in respect of the theft shall not be subject to theft. the time limits under sections 2 and 3(1) of this Act, but if his title to the chattel is extinguished under section 3(2) of this Act he may not bring an action in respect of a theft preceding the loss of his title, unless the theft in question preceded the con- version from which time began to run for the purposes of section 30. (2) Subsection (1) above shall apply to any conversion related to the theft of a chattel as it applies to the theft of a chattel ; and, except as provided below, every conversion following the theft of a chattel before the person from whom it is stolen recovers possession of it shall be regarded for the purposes of this section as related to the theft. If anyone purchases the stolen chattel in good faith neither the purchase nor any conversion following it shall be regarded as related to the theft. (3) Any cause of action accruing in respect of the theft or any conversion related to the theft of a chattel to any person from whom the chattel is stolen shall be disregarded for the purpose of applying section 3(1) or (2) of this Act to his case. (4) Where in any action brought in respect of the conversion of a chattel it is proved that the chattel was stolen from the plaintiff or anyone through whom he claims it shall be presumed that any conversion following the theft is related to the theft unless the contrary is shown. (5) In this section " theft " includes- (a) any conduct outside England and Wales which would be theft if committed in England and Wales ; and (b) obtaining any chattel (in England and Wales or else- where) in the circumstances described in section 15(1) 1968 c. 60. of the Theft Act 1968 (obtaining by deception) or by blackmail within the meaning of section 21 of that Act; and references in this section to a chattel being " stolen " shall be construed accordingly. Limitation Act 1980 c. 58 3 Actions founded on simple contract PART I 5. An action founded on simple contract shall not be brought Time limit for after the actions expiration of six years from the date on which the cause founded on of action accrued. simple contract. 6.-(1) Subject to subsection (3) below, section 5 of this Act Special time which limit for shall not bar the right of action on a contract of loan to actions in this section applies. respect of certain loans. (2) This section applies to any contract of loan which- (a) does not provide for repayment of the debt on or before a fixed or determinable date ; and (b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter ; except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promis- sory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt. (3) Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made. (4) In this section " promissory note " has the same meaning as in the Bills of Exchange Act 1882. 1882 c. 61. 7.
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